Consequences of Termination of the Settlement Agreement. If the Settlement Agreement is terminated and rendered null and void for any reason, the following shall occur:
9.2.1. The Action shall for all purposes with respect to the Parties revert to its status as of October 18, 2018.
9.2.2. All Releases given or executed pursuant to the Settlement Agreement shall be null and void; none of the terms of the Settlement Agreement shall be effective or enforceable; neither the fact nor the terms of the Settlement Agreement shall be offered or received in evidence in the Actions or in any other action or proceeding for any purpose, except in an action or proceeding arising under this Settlement Agreement.
Consequences of Termination of the Settlement Agreement. If the Settlement Agreement is terminated and rendered null and void for any reason, the following shall occur:
9.2.1 The Action shall for all purposes with respect to the Parties revert to its status as of the day immediately prior to the execution of the Term Sheet.
9.2.2 All Releases given or executed pursuant to the Settlement Agreement shall be null and void; none of the terms of the Settlement Agreement shall be effective or enforceable; neither the fact nor the terms of the Settlement Agreement shall be offered or received in evidence in the Actions or in any other action or proceeding for any purpose, except in an action or proceeding arising under this Settlement Agreement.
9.2.3 If attorney’s fees have been paid to Class Counsel, within ten days of the date that all parties agree to be the termination date of the Settlement Agreement, Class Counsel will refund or repay Ascension Health the paid attorney’s fees, plus accrued interest (based on the one year Treasury constant maturity rate).
Consequences of Termination of the Settlement Agreement. If the Settlement Agreement is terminated, the following shall occur:
Consequences of Termination of the Settlement Agreement. If the Settlement Agreement is terminated for any reason specified in the Settlement Agreement, the following shall occur:
9.2.1 The Action shall for all purposes with respect to the Parties revert to its status as of February 1, 2022.
9.2.2 All provisions of this Settlement Agreement and any subsequently related documents shall be null and void having no effect and no Settlement Class will be deemed to have been certified by or as a result of this Settlement Agreement, and the Action will for all purposes with respect to the Parties revert to its status as of February 1, 2022, as provided in Section 2.1.
Consequences of Termination of the Settlement Agreement. If the Settlement Agreement is terminated and rendered null and void for any reason, the following shall occur:
10.3.1 The Action shall for all purposes with respect to the Parties revert to its status as of the day immediately prior to the execution of the Term Sheet. The Parties will cooperate in trying to return the Action to the Sixth Circuit for decision on the matters pending before the Sixth Circuit at the time of execution of the Term Sheet. The Parties agree that Plaintiff will not be deemed to have waived her right to appeal the Court’s May 9, 2014 dismissal of the Complaint.
10.3.2 All Releases given or executed pursuant to the Settlement Agreement shall be null and void; none of the terms of the Settlement Agreement shall be effective or enforceable; neither the fact nor the terms of the Settlement Agreement shall be offered or received in evidence in this Action or in any other action or proceeding for any purpose, except in an action or proceeding arising under this Settlement Agreement.
Consequences of Termination of the Settlement Agreement. If the Settlement Agreement is terminated, the following shall occur:
10.2.1 Plaintiff’s Counsel or Defendant’s Counsel shall promptly after the date of termination of the Settlement Agreement notify the Court and return any Settlement Amount to the Defendant, except for amounts disbursed or incurred pursuant to Section 8.1.
10.2.2 The Lawsuit shall for all purposes revert to its status as of the day immediately before December 11, 2019 and the Parties shall request a scheduling conference with the Court. In any subsequent proceeding, the terms of this Settlement Agreement shall not constitute nor be construed as an admission by any Party, nor be used against any Party, in any manner, whether as evidence or argument.
10.2.3 The Settlement shall be deemed void and of no further force and effect.
Consequences of Termination of the Settlement Agreement. If the Settlement Agreement is terminated and rendered null and void for any reason specified in Section 9.1, the following shall occur:
9.2.1. Upon written request by counsel for Defendants or counsel for the Carrier, Class Counsel shall within ten (10) days after the date of termination of the Settlement Agreement notify the Financial Institution in writing to return to the Carrier the amounts contributed to the Settlement Fund, with all net income earned thereon, after deduction of the amount earlier disbursed or owed for the Class Notice, the expenses charged by the Financial Institution, and any expense of the Settlement Fund disbursed or owed pursuant to Section 7.1.2, directing the Financial Institution to effect such return within ten (10) days.
9.2.2. The Action shall for all purposes with respect to the Parties revert to its status as of the day immediately before the Agreement Execution Date, and the parties shall be restored to the position they were prior to the Settlement being reached.
9.2.3. All provisions of this Settlement Agreement shall be null and void except as otherwise provided herein. Neither the fact nor the terms of this Settlement Agreement shall be offered or received in evidence in any action or proceeding for any purpose, except in an action or proceeding arising under this Settlement Agreement.
Consequences of Termination of the Settlement Agreement. If the Settlement Agreement is terminated and rendered null and void for any reason, the following shall occur:
10.3.1. Within three (3) days after the date of termination of the Settlement Agreement, Class Counsel shall notify the Escrow Agent in writing to return to Defendants the Qualified Settlement Fund and all net income earned thereon, and direct the Escrow Agent to effect such return as soon as possible.
10.3.2. The Action shall for all purposes with respect to the Parties revert to its status as of January 5, 2023, the day immediately prior to the execution of the Term Sheet. The Parties will cooperate in trying to return the Action to the Court for decision on the matters pending before the Court at the time of execution of the Term Sheet.
10.3.3. All releases given or executed pursuant to the Settlement Agreement shall be null and void; none of the terms of the Settlement Agreement shall be effective or enforceable, except those provisions providing for reimbursement of costs as set forth in Section 10.3.1; and neither the fact nor the terms of the Settlement Agreement shall be offered or received in evidence in this Action or in any other action or proceeding for any purpose, except in an action or proceeding arising under this Settlement Agreement.
Consequences of Termination of the Settlement Agreement. If the Settlement Agreement is Terminated and rendered null and void for any reason specified in Section 9.1, the following shall occur:
9.2.1. Within fifteen (15) business days following the Termination of the Settlement Agreement, Class Counsel shall return to Defendants’ Insurer the amounts contributed to the Settlement Fund, with all interest and income earned thereon, except that neither Class Counsel nor any other Person shall have an obligation to reimburse the Settlement Fund or Defendants’ Insurer for the reasonable costs of the Class Notices, or other reasonable costs and expenses of the Settlement Fund charged to the Settlement Fund under Section 7.1.5 of the Settlement Agreement.
9.2.2. The Action shall for all purposes with respect to the Parties revert to its status as of the day immediately before the Agreement Execution Date.
9.2.3. The provisions in this Settlement Agreement concerning the Class definition, Class Period, or class certification under FED. R. CIV. P. 23 shall not be used as evidence or argument to support class certification of Named Plaintiff’s claims in the Action, and Defendants will retain all rights to oppose class certification, including certification of a class identical to that provided for in this Settlement Agreement.
9.2.4. Neither the fact nor the terms of this Settlement Agreement shall be offered or received in evidence in this Action or any action or proceeding for any purpose, except in an action or proceeding arising under, or to give effect to a provision of, this Settlement Agreement. The understandings and agreements contained in Sections 6.1 and 6.2 shall survive any termination of this Settlement Agreement.
Consequences of Termination of the Settlement Agreement. If the Settlement Agreement is Terminated and thus rendered null and void for any reason specified in Section 10.1, the following shall occur:
10.2.1 Within fifteen (15) business days following the Termination of the Settlement Agreement, Co-Lead Class Counsel shall return to Xxxxxx Xxx the amount contributed to the Settlement Fund, with all interest and income earned thereon, except that neither Co-Lead Class Counsel nor any other Person shall have an obligation to reimburse to the Settlement Fund for the reasonable costs of Class Notice, or other reasonable costs and expenses of the Settlement Fund charged to the Settlement Fund under Sections 8.1.6 and 8.1.7 of the Settlement Agreement.
10.2.2 The Action shall for all purposes with respect to the Parties revert to its status as of the day immediately before the Agreement Execution Date.
10.2.3 Neither the fact nor the terms of this Settlement Agreement shall be offered or received in evidence in this Action or any action or proceeding for any purpose, except in an action or proceeding arising under, or to give effect to a provision of, this Settlement Agreement. The understandings and agreements contained in Sections 7.1 and 7.2 shall survive any termination of this Settlement Agreement.
